Arulmigu Mariamman Thirukovil v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9149 of 2019 Arulmigu Mariamman Thirukovil rep., by its Hereditary Trustee, R.V.S.Veeramani ... Petitioner Vs 1.The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai.

2.The Joint Commissioner, 3.The Executive Officer, 4.V.Prabakar The Executive Officer, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to forbear the respondents from interfering with the Chithirai festival of the Arulmighu Mariamman Vakayara Temple, Manapaarai Town, Trichy District conducted from 21.04.2019.

For Petitioner : Mr.K.Govindarajan For R1 & R2 : Mr.M.Karuppasamy Government Advocate For R3 & R4 : Mr.A.N.Ramanathan

ORDER

Heard the learned counsel on either side. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The writ petitioner Thiru.R.V.S.Veeramani is the Hereditary Trustee of Arulmigu Mariamman Thirukovil, Manapaarai. He complains that the Executive Officer is interfering with the conduct of the Chithirai Festival. In the types set of papers, he has

enclosed a parallel invitation printed by the Executive Officer which has furnished the cause of action for filing this writ petition.

3. When the matter was taken up for disposal, the learned counsel representing for the Executive Officer fairly submitted that the festival can very well be conducted by the Hereditary Trustee and that the Executive Officer will not interfere with the same. However, the learned counsel submitted that the Hereditary Trustee should not collect donations from the members of the general public without issuing receipts. Whatever amount that is collected should be remitted in the temple's account. The expenditure should ne met only out of withdrawals from the second account maintained by the temple.

4. The learned counsel appearing for the writ petitioner submits that these submissions made by the learned counsel appearing for the Executive Officer cannot be objected to and that the writ petitioner/Hereditary Trustee would strictly abide by the provisions of the Hindu Religious and Charitable Endowment Act and the Rules framed thereunder.

5. Recording the aforesaid undertaking given by both the parties, the writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (P AND A) // True Copy // Sub Assistant Registrar(CS) To 1.The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam, Chennai.

2.The Joint Commissioner, Trichy 3.The Executive Officer,

4.V.Prabakar The Executive Officer, W.P.(MD)No.9149 of 2019 15.04.2019 RMK KK/SAR/15.04.2019/ 2P- 5C